NOTICE TO THE BAR

Comments on Report of Supreme Court Special Committee on Peremptory Challenges
and Jury Voir Dire

In 2004 the Supreme Court appointed the Special Committee
on Peremptory Challenges and Jury Voir Dire to evaluate what steps might
be taken to improve the jury selection process in both civil and criminal cases.
The Court also asked the Special Committee to evaluate the number of peremptory
challenges allowed in both civil and criminal cases.

The Special Committee, chaired by Appellate Division Judge Joseph A. Lisa,
filed its report and recommendations with the Supreme Court on May 16, 2005.
The Court has authorized publication of the Special Committee’s report
and recommendations for comment. The report is published with
this Notice.
It also may be reviewed on the Judiciary’s Internet website (njcourtsonline.com).

As set forth in its report, the Special Committee has made a series of ten
recommendations. Recommendation 1 consists of five proposed Jury Selection
Standards. Recommendation 2 calls for the Court to establish a standing committee
on jury selection. Recommendation 3 is for development of a jury selection
manual. Recommendation 4 consists of the Special Committee’s recommendation
that the proposed standing committee be responsible for proposing any revisions
to the standard jury selection questions included within the proposed Jury
Selection Standards. Recommendation 5 calls for a comprehensive jury selection
training program for judges. Recommendation 6 proposes development of a jury
selection training program for attorneys. Recommendation 7 proposes a rule
amendment (Rule 1:8-3(f)) to expand the pretrial voir dire conference to also
include written submission of proposed voir dire questions and to require the
trial judge to rule on proposed voir dire questions on the record. Recommendation
8 proposes reductions in the number of peremptory challenges in criminal trials
(in cases with a single defendant, eight peremptory challenges for defendant
and six for the State; in cases with multiple defendants, four challenges for
each defendant, with the State permitted three challenges for each defendant).
Recommendation 9 proposes the reduction of the number of peremptory challenges
in civil trials to four challenges per party. Recommendation 10 proposes a
rule amendment (Rule 1:8-3(c)) to authorize the trial judge in multiple-party
trials to decrease or increase the number of peremptory challenges available
to the parties where the judge determines such reduction or increase to be
appropriate.

Comments on the Special Committee’s report and recommendations are
being sought by the Court for its consideration prior to taking any action.
The deadline for the submission of comments is September 15, 2005. Please
submit them to me at:

The Supreme Court will not consider comments submitted anonymously. Thus,
those submitting comments by mail should include their name and address and
those submitting comments by e-mail should include their name and e-mail address.
Comments submitted in response to this notice will be maintained in confidence
only if the author specifically requests confidentiality. In the absence of
such a request, the author’s identity and his or her comments may be
subject to public disclosure after the Court has acted on the proposed recommendations.